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Legal action

 
(@stew9897)
New Member Registered

Good morning 

 

I’m new here and was just after some advice please. I am currently studying at university to become a primary school teacher and my cm payments are on nil but cm are still saying I have to pay the arrears and are threatening enforcement/ legal action. I don’t get access to my kids (no reason other than their mum doesn’t want me to but still wants money. I haven’t seen them in nearly 6 years). My wife who is on maternity leave atm ( so basic pay) is supporting us just. Can Csa force us to pay the arrears and take money from her wage? I don’t get benefits or have an income it’s purely my wife’s wage that supports us both. 

Quote
Topic starter Posted : 04/12/2024 10:57 am
(@dadmod2)
Illustrious Member

hi,

do you know if the arrears are genuine? even after kids leave full time education and regularly CM payments cease, CMS can still chase people for arrears, as its a priority debt.

no they can not take money from your wifes account, as debt only concerns the paying parent in your situation. I am not sure if you must pay arrears while not working.

I recommend you join this support group for paying parents, many experienced member:

https://www.facebook.com/groups/239699060076601/?ref=share

ReplyQuote
Posted : 04/12/2024 7:07 pm
(@dushisbest)
Active Member Registered

Hello, 

 

The CMS Deals with your current liability, (at 0 because of being a full time student), and the arrears as 2 seprate issues.

It is delt with by diffrent departments. 

Your current legal obligation may be 0. But as all your Child Maintance liability, is legal finantial servertude. Under the legal obligation to provide for your children (So not like a regular bill). Your are still obligated to pay the arrears, as you are still bound by that legal obligation. 

The CMS is mandated to collect the arrears within 2 years, and will try to do so. However unlike your regular liability, they can and will negotiate a payment plan for them.

Do everything in writting. Keep a paper trail.

 

If you pay nothing. Yes unfortanatlly they can take legal actions against you, which can be a little heavy handed. Then difficult to undo after the fact.

 

I hope you get this sorted out. 

 

Good luck to you. 

ReplyQuote
Posted : 04/01/2025 11:35 pm
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